Compressed gases IFB-revised with SF1447.doc

NIHOD2010179

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BID DUE DATE/LOCAL TIME:

01/12/2010, 2:00 PM EST

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Compressed Gases

See Schedule

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Pricing Schedule tc “Pricing Schedule “ \l 2 The estimated quantities shown below represent the Government’s best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only.

tc “The estimated quantities shown for each item represents the Government’s best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only (refer to FAR 52.216-21, paragraph 6, Addendum to FAR Clause 52.212-4 - Contract Terms and Conditions - Commercial Items). “ \l 2 Basic Contract year: _______________ through __________________

(To be completed at time of award)

EST

QTY

Unit Unit Price Total Price

1. Gas Compressed: NSN: 6830-00-782-2638 Cyl

Shall provide NIH-owned cylinders filled with pure atmospheric air compressed gas in accordance with the specifications herein.

2. Gas Compressed: NSN: 6830-00-901-7546 Cyl filled with Argon, high purity grade for Chroma-tography analysis, compressed gas in accordance with the specifications herein.

3. Gas Compressed: NSN: 6830-00-840-6383 Cyl filled with a mixture of 95% (percent) pure atmospheric, cleaned and filtered for breathing purposes, 5% (percent) carbon dioxide compressed gas in accordance with the specifications herein.

4. Gas Compressed: NSN: 6830-00-975-7285 Cyl filled with Nitrogen, 99.995% (percent) minimum purity compressed gas in

5. Gas Compressed: NSN: 6505-00-754-0278 Cyl

Oxygen, U.S.P. Grade and 5% (percent)

Carbon Dioxide compressed gas in accordance

Type Unit Price Total Price

6. Gas Compressed: NSN: 6505-00-531-8166 Cyl filled with Oxygen, U.S.P. Grade, compressed gas

7. Gas Compressed: NSN: 6505-00-531-8165 Cyl

8. Gas Compressed: NSN: 6505-00-169-0797 Cyl filled with Nitrous Oxide, U.S.P. Grade, compressed gas in accordance with the specifications herein.

9. Gas Compressed: NSN: 6505-00-063-9438 Cyl filled with Carbon Dioxide, compressed gas

Replacement cylinder for Item #1

NSN: 6830-00-782-2638

Cyl

11.

Replacement cylinder for Item #2

NSN: 6830-00-901-7546

12.

Replacement cylinder for Item #3

NSN: 6830-00-840-6383

13.

Replacement cylinder for Item #4

NSN: 6830-00-975-7285

14.

Replacement cylinder for Item #5

NSN: 6505-00-754-0278

15.

Replacement cylinder for Item #6

NSN: 6505-00-531-8166

16.

Replacement cylinder for Item #7

NSN: 6505-00-531-8165

17.

Replacement cylinder for Item #8

NSN: 6505-00-169-0797

18.

Replacement cylinder for Item #9

NSN: 6505-00-063-9438

Total Not to Exceed Amount Base Year:

Option Period one (1): _______________ through __________________

Cyl

Cyl

Shall provide contractor-owned cylinders

Cyl

Cyl

Cyl

6. Gas Compressed: NSN: 6505-00-531-8166 Cyl

Cyl

Unit Price Total Price

8. Gas Compressed: NSN: 6505-00-169-0797 Cyl

Cyl

Total Not to Exceed Amount Option Year One:

Option Period two (2): _______________ through __________________

Cyl

Cyl

Shall provide NIH -owned cylinders

Cyl

Cyl

Cyl

Cyl

Cyl

Unit Price Total Price

8. Gas Compressed: NSN: 6505-00-169-0797 Cyl

Cyl

Total Not to Exceed Amount Option Year Two:

Option Period three (3): _______________ through __________________

Cyl

Cyl

Cyl

Cyl

Cyl

Cyl

Cyl

Unit Price Total Price

8. Gas Compressed: NSN: 6505-00-169-0797 Cyl

Cyl

Total Not to Exceed Amount Option Year Three:

Option Period four (4): _______________ through __________________

Cyl

Cyl

Cyl

Cyl

Cyl

Cyl

Cyl

Unit Price Total Price

8. Gas Compressed: NSN: 6505-00-169-0797 Cyl

Cyl

Total Not to Exceed Amount Option Year Four:

Total Not to Exceed Base plus four Option Years:

Section C Description/specifications This requirement is for furnishing compressed gases and gas mixtures in NIH-owned cylinders to the National Institutes of Health. Compressed gas cylinders are used at the NIH for a number of different purposes. Failure to provide the NIH with reliable and dependable service in the delivery of gas cylinders to the NIH research community could prove devastating and result in a loss of many years of research and monetary loss with an incalculable price increase for relevant research.

The Contractor shall furnish all necessary trained, experienced personnel, special tools, parts, materials, and supplies to furnish, refill, and maintain compressed gases and gas mixtures in NIH-owned cylinders to the National Institutes of Health (NIH) facilities within a fifty (50) mile (80.47 km) radius in accordance with the specifications herein.

C.1

SALIENT CHARACTERISTICS FOR ITEM NUMBER 1.

NSN: 6830-00-782-2638 DESCRIPTION: Gas, air, pure atmospheric, Cat #61 compressed breathing air.

1.

Shall be cleaned and filtered for breathing purposes.

2.

Shall be furnished in accordance with UN 1002 and Federal Specification BB-A-1034, latest issue in effect.

3.

Shall provide cylinders that are approximately 200 cubic feet with CGA 346 valve outlet connection and protective cap installed.

C.2

SALIENT CHARACTERISTICS FOR ITEM NUMBER 2.

NSN: 6830-00-901-7546 DESCRIPTION: Gas, Argon, Cat #40, compressed high purity grade for chromatography analysis.

Shall be water pumped dry with a minimum purity of 99.995%.

2.

Shall provide cylinders that are approximately 200 cubic feet with CGA 580 valve outlet connection and protective cap installed.

3.

Shall be furnished in accordance with UN 1006, latest in effect.

Special Note: Cylinder refill only, maintenance of government owned cylinder in accordance with NIH Specification NIH 13-102, latest issue in effect.

C.3

SALIENT CHARACTERISTICS FOR ITEM NUMBER 3.

NSN: 6830-00-840-6383 DESCRIPTION: Gas, 95% pure atmospheric air, 5% Carbon Dioxide mixture, Cat #160 compressed, cleaned and filtered for breathing purposes.

1.

Shall be cleaned and filtered for breathing purposes.

2.

Shall be furnished in accordance with UN 1014 and Federal Specification BB-C-101 latest issue in effect.

3.

Shall provide cylinders that are approximately 200 cubic feet with CGA 500 valve outlet connection and protective cap installed.

C.4

SALIENT CHARACTERISTICS FOR ITEM NUMBER 4.

NSN: 6830-00-973-7285 DESCRIPTION: Gas, Nitrogen, Cat #31, compressed, 99.995% minimum purity.

1.

Shall be furnished in accordance with UN 1066, latest in effect.

2.

Shall provide cylinders that are approximately 204 cubic feet with CGA 580 valve outlet connection and protective cap installed.

C.5

SALIENT CHARACTERISTICS FOR ITEM NUMBER 5

NSN: 6505-00-754-0278 DESCRIPTION: Gas, mixture of 95% Oxygen, and 5% Carbon Dioxide, Cat #110, compressed.

1.

Shall be furnished in accordance with UN 1014 and Federal Specification BB-C-101, latest issue in effect.

2.

Shall provide cylinders that are approximately 187 cubic feet with CGA 280 valve outlet connection and protective cap installed.

C.6

SALIENT CHARACTERISTICS FOR ITEM NUMBER 6.

NSN: 6505-00-531-8166 DESCRIPTION: Gas, Oxygen, size E, Cat #13, compressed.

1.

Shall be furnished in accordance with UN 1072, latest in effect.

2.

Shall provide Size ‘E’ cylinders that are approximately 22 cubic feet with CGA 870 valve outlet connection.

C.7

SALIENT CHARACTERISTICS FOR ITEM NUMBER 7.

NSN: 6505-00-531-8165 DESCRIPTION: Gas, Oxygen, Cat #5, size H, compressed.

Shall be furnished in accordance with UN 1072, latest issue in effect.

2.

Shall provide Size ‘G’ cylinders that are approximately 244/250 cubic feet with CGA 540 valve outlet connection and protective cap installed.

Special Note: Cylinder refill only, maintenance of government owned cylinder in accordance with NIH Specification NIH 13-102, latest issue in effect.

C.8

SALIENT CHARACTERISTICS FOR ITEM NUMBER 8.

NSN: 6505-00-169-0797 DESCRIPTION: Gas, Nitrous Oxide, Cat #45, compressed.

1.

Shall provide Size ‘G’ cylinders that are approximately 3200 gallons or 488 cubic feet with CGA 326 valve outlet connection.

2.

Shall be furnished in accordance with UN 1070, latest issue in effect

Special Note: Cylinder refill only, maintenance of government owned cylinder in accordance with NIH Specification NIH 13-102, latest issue in effect.

C.9

SALIENT CHARACTERISTICS FOR ITEM NUMBER 9.

NSN: 6505-00-063-9438DESCRIPTION: Gas, Carbon Dioxide (CO2), Cat #23, compressed.

1.

Shall be furnished in accordance with UN 1013 and Federal Specification BB-C-101, latest issue in effect.

2.

Shall provide cylinders that are approximately 50 pounds with CGA 320 valve outlet connection and protective cap installed.

C.10

SALIENT CHARACTERISTICS FOR ITEMS 10-18.

Contractor shall offer replacement cylinders to the NIH for cylinders that are outdated and non-repairable as deemed by the contractor during routine maintenance and agreed upon by the Contracting Officer’s Technical Representative (COTR). The contractor shall, when putting new cylinders into circulation, mark them the same as the cylinder being replaced.

C.11.

DELIVERIES

The contractor shall:

1. Deliver NIH-owned compressed gas cylinders FOB destination to and from loading docks designated in C.12.

2. Deliver Monday through Friday between 7:30 AM to 3:30 PM (unless otherwise arranged), excluding Federal Holidays or Federal closings.

3. Provide same day delivery for orders received prior to 8:00 AM EST. Locations are detailed in C.12.

4. Sweep all designated locations 2 to 3 times per week to pick up all empty NIH-owned cylinders from the loading docks.

5. Refill NIH-owned compressed gas cylinders within one business day of the pick-up, unless a cylinder requires maintenance.

6. Provide storage space of up to 100 NIH-owned 50IB. CO2 cylinders and 250 non-CO2 cylinders.

7. Deliver compressed gas cylinders that were shorted (as a result of an oversight by the contractor) to NIH within 1 – 2 hours after notification.

8. Provide maintenance services on the compressed gas cylinders which include:

· Painting

· Stenciling

· Hydro-testing

· Valve repair or replacement

· Change of gas service

· Scrapping of gas cylinders with 80% of proceeds being credited back to NIH

C.12 Delivery Locations

The following is a listing of all locations the contractor will have to pick-up and deliver NIH cylinders. Other locations within the same area may be added as needed.

Article D Ordering and reporting procedures

The NIH’s Gaithersburg Distribution Center (GDC) is responsible for providing the NIH with its supply of compressed gas cylinders. The ordering and reconciliation process for each month is detailed below:

D.1 The GDC will place a delivery order/task order (TO/DO) with the contractor prior to the beginning of each month based on the average monthly usage for the products listed in Section B.

D.2 The NIH community places their individual compressed gas cylinder orders into a NIH internal order management system throughout a normal business day. Prior to the end of each business day, the GDC will provide an estimate aggregation of all compressed gas cylinder shipments for the next business day to the contractor. Additionally – prior to 8:00 AM EST of each business day, the GDC will provide the contractor all compressed gas cylinder shipments placed by the NIH Community for delivery. Deliveries/drop-off locations shall be as indicated on the daily releases.

D.3 The contractor will provide the products and services the same day.

D.4 The contractor must report on what products and services were provided daily to GDC. This includes the National Stock Number (NSN), item description, and quantity of NIH cylinders:

a.

Delivered and to which location b.

Picked up and from what location c.

Remaining in maintenance (or at the contractor and not readily available to release) d.

Requiring maintenance and what is the estimated repair cost for each e.

Filled with gas D.5 The contractor must provide a weekly inventory report on the National Stock Number (NSN), description, and quantity of NIH compressed gas cylinders that are filled and in stock at the contractor’s facility. The contractor must provide the report on the last business day of each calendar week to the COTR.

D.6 By the 5th business day of the next month, the Contractor shall submit a monthly report of the prior month deliveries to the COTR. The report shall contain contractor invoicing number, National Stock Number (NSN), description, and quantity filled with gas.

D.7 Three business days after receipt of the monthly report, the COTR will reconcile the previous month’s order and will adjust the purchase order accordingly to match what was provided by the contractor. The COTR will notify the contractor when the reconciliation is complete.

D.8 After the reconciliation by the COTR, the contractor will invoice the previous month’s orders.

D.9 If needed, emergency orders after normal business hours may be placed by the NIH community directly with the contractor. On the next business day, the contractor must notify the COTR after the emergency shipment was made.

ARTICLE E.1 BID INFORMATION

Bidders shall submit the following information as part of their bid:

1. Completed and signed SF1447

2. Completed Pricing Schedule for the base year + 4 option years

3. Completed Article E.9 Place of Performance-Sealed Bidding (April 1985)

4. Descriptive product literature, consistent with the specifications contained herein for verification purposes. Failure to furnish descriptive literature prior to bid opening, or submission of noncompliant literature, will result in no further consideration of the bidder’s submission and the bid will be rejected.

5. Past performance-Bidders shall submit three (3) past performance survey questionnaires which include three (3) current or previous customers, with approximate number of gases delivered per month within the previous two (2) years. Customer information shall include the information listed in Article H.1-Past Performance.

6. Submission of executed copy of FAR 52.212-3-Offeror Representations and Certifications

Bids shall be submitted to the address shown in Block 7 of the SF1447, Attn: Elizabeth Leslie. The U.S. Postal Service’s Express Mail DOES NOT deliver to the Rockville, MD address.

E.2 CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

The following clauses are hereby incorporated and made a part of this contract. All clauses incorporated by reference have the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html Sealed Bid Supply Contract

ARTICLE E.3 FAR 52.219-6 -- Notice of Total Small Business Set-Aside Alternate I

(Oct 1995)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

ARTICLE E.4 FAR 52.214-3 -- Amendments to Invitations for Bids (Dec 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid,

(3) by letter or telegram, or

(4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

ARTICLE E.5 FAR 52.214.4 – False Statements in Bids (Apr 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

ARTICLE E.6 FAR 52.214-5 -- Submission of Bids (Mar 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) --

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

ARTICLE E.7 FAR 52.214-6 -- Explanation to Prospective Bidders (Apr 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

ARTICLE E.8 FAR 52.214-7 -- Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and—

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later tan 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii ) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

ARTICLE E.9 FAR 52.214-14 -- Place of Performance -- Sealed Bidding (Apr 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, * intends, * does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks “intends” in paragraph (a) above, it shall insert in the spaces provided below the required information:

ARTICLE E.10 FAR 52.214-15 -- Period for Acceptance of Bids (Apr 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within _______ calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

ARTICLE E.11 FAR 52.214-21 – Descriptive Literature (Apr 2002)

(a) “Descriptive literature,” as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as --

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be --

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

ARTICLE E.12 INVOICE SUBMISSION

a.

Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment and shall invoice on a monthly basis.

(1) Payment requests shall be submitted as follows:

(a) One original to the following designated billing office:

National Institutes of Health

Office of Financial Management

Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

(b) One copy to the following approving official and project officer:

Contract Specialist

National Institutes of Health

Office of the Director

Office of Acquisitions (OLAO) Branch 3

6011 Executive Boulevard, MSC 7663

Bethesda, MD 20892-7663

E-mail: lesliee2@mail.nih.gov

Project Officer

TBD at time of contract award

The Contractor shall submit an electronic copy of the payment request to the approving official/project officer in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF)]. (Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice.”)]

(2) In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

(a) Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OLAO Branch 3.

(b) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is oaolaob3@mail.nih.gov.

(c) Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form 26. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

(d) DUNS number or DUNS+4 that identifies the Contractor’s name and address exactly as stated on the face page of the contract.

(e) Identification of whether payment is to be made using a two-way or three-way match. This contract requires a three-way match.

(f) Inquiries regarding payment shall be directed to the designated billing office, (301) 496-6088.

ARTICLE E.13 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

ARTICLE E.14 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Sept. 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub.L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub.L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub.L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Removed]

__ (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-6.

(iii) Alternate II (MAR 2004) of 52.219-6.

__ (9)

52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

Alternate I (OCT 1995) of 52.219-7.

Alternate II (MAR 2004) of 52.219-7.

__ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

__ (11)

52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

Alternate I (OCT 2001) of 52.219-9.

Alternate II (OCT 2001) of 52.219-9.

X (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages–Subcontracting Plan (JAN 1999) (15U.S.C. 637(d)(4)(F)(i)}.

__ (14)

52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

Alternate I (JUNE 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APRIL 2009) (15 U.S.C. 632(a)(2)).

X (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

X (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

X (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

X (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)

52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (30)

52.233-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

Alternate I (DEC 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

__ (32)

52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__ (iii) Alternate II (JAN 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (43)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965, (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.)

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

[Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (February 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

ARTICLE E.15 FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through __________________.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

ARTICLE E.16 FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor—

Any order for a single item in excess of the estimated total stated in the pricing Schedule;

Any order for a combination of items in excess of the estimated total stated in the pricing Schedule; or

A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

ARTICLE E.17 FAR 52.216-22 Indefinite Quantity. (Oct 1995)

(a)

This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

ARTICLE E.18 Method of Ordering

The Consignees or Ordering Officials shall sign all orders (including written confirmation of oral or telephonic orders) involving requests for supplies under this contract. Each delivery shall be accompanied by a packing slip or other evidence of delivery or performance.

The following are authorized Ordering Officials:

Name

TBD at time of contract award

ARTICLE E.19 Type of Contract and Number of Award(s)

It is anticipated that the award from this solicitation will be a multiple year indefinite delivery indefinite quantity (IDIQ) contract with a one (1) year period of performance with four (4) one year option periods. The Government reserves the right to make a single award or no award as a result of this solicitation.

ARTICLE E.20 RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:

"(3) Definition of unauthorized alien. - As used in this section, the term 'unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General."

ARTICLE E.21 FAR 52.247-35 F.o.b. Destination, Within Consignee’s Premises (Apr 1984)

(a) The term “f.o.b. destination, within consignee’s premises,” as used in this clause, means free of expense to the Government delivered and laid down within the doors of the consignee’s premises, including delivery to specific rooms within a building if so specified.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Article E.22 FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.